DEVI PRASAD BANDYAPDHYAY Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2014-12-78
HIGH COURT OF JHARKHAND
Decided on December 11,2014

Devi Prasad Bandyapdhyay Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the Parties.
(2.) It is not in dispute that the petitioner was initially appointed on the post of Medical Officer in the general health cadre of the State Government and posted at different places. Before being transferred to MGM Medical College, Jamshedpur, he was posted at Baharagora Primary Health Centre.
(3.) It appears from the judgment dated 17.07.2003 passed in W.P. (S) No. 966 of 2003 preferred by the petitioner that he was transferred as Medical Officer to MGM Medical College & Hospital, Jamshedpur vide notification dated 23.10.2001 and asked to perform the duty of Anaesthetist. His grievance was that though he was made to perform duty on the post of Anaesthetist by the Superintendent, MGM Medical College, Jamshedpur through letter dated 06.08.2002, but the salary is not being paid as no post of Anesthetist was sanctioned for the college. The writ petition was disposed of with a direction to the Secretary to decide the petitioner's representation and pay admitted dues, if found payable. The present writ petition was preferred in 2004 as the petitioner's promotion as Assistant Professor vide Memo dated 31.05.2004, Annexure-2 issued by the respondent-Department of Health, Health Education and Family Welfare, Government of Jharkhand, Ranchi w.e.f. 01.04.2004 was revoked by a corrigendum dated 16.06.2004, Annexure-4. Annexure-4 indicates that the substantive post of the petitioner was medical officer (Anesthetist) while he was promoted as Assistant Professor, however, when he was reverted from the post of Assistant Professor, he was shown as Senior Resident/Lecturer. The petitioner claims to have joined on the promoted post on 01/06/2004. It appears that after the order of reversion, the petitioner had joined on the reverted post on 18.06.2004 as per the submission made at para-12 of the writ petition.;


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